Asylum Seekers and Study

On May 8th 2018 the Home Office clarified their position on asylum seekers studying and released further guidance. (Immigration bail Version 2.0, Published for Home Office staff 08 May 2018)

In this context the Home Office considers “study” “to mean primary and secondary school for children and young adults up to and including the age of 18, and courses which may lead to a qualification for adults, including English for Speakers of Other Languages (ESOL) courses.”

 

Can I study as an asylum seeker?

The Home Office acknowledges that admissions policies vary between institutions and there is nothing in the Immigration Rules to prevent asylum seekers studying. This means that when you claim asylum you should not have a study condition applied to you.

Home Office staff have been instructed that if there is any doubt over whether study should be restricted, no study condition should be applied.

A condition prohibiting study should only be applied at the point an asylum seeker becomes appeal rights exhausted.

When you register

One of our duties as a Tier 4 sponsor is to ensure every student has permission to study in the UK throughout the whole period of their study.

If you have an outstanding asylum application or appeal when you register on your course you must provide us with consent to track your application with the Home Office. This is the usual procedure for any student with an outstanding application not submitted through the dedicated team at the University, as your status can change at any time.

Please keep us updated throughout the process of your application and provide us with any relevant correspondence received.

Tier 4 students who claim asylum

When someone who has valid leave to enter or remain in another category applies for asylum, any study condition applied should be in line with the person’s leave.

This means that if you were studying with us and had valid Tier 4 leave when you submitted an asylum claim you will be permitted to continue to study with us.

Issued with a bail letter which states ‘no study’

Being on immigration bail will not always prohibit you from studying and this may only be the case if your bail letter includes a ‘no study’ condition.

The Home Office has clarified that the new immigration provisions were not designed to prevent asylum seekers from studying and they are identifying cases where this a study ban has been inappropriately applied so they can apply a new bail notice to the individual.

If you are issued with an immigration bail letter which has a condition of ‘no study’ you need to take urgent legal advice from a specialist immigration solicitor. Please note the Immigration Advisers at the University of Leicester are not specialists in this area.

The University of Leicester does however, have a dedicated liaison at the UKVI who may be able to assist in resolving the issue and minimise disruption to your studies. Please send a copy of the letter to the compliance team so we can raise your case directly with the Home Office if you are a current student or prospective student who has been accepted on to one of our courses.

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